LM-2023-000035 - [2025] EWHC 1989 (Comm)

The Hearing

Mr Alexander Brown KC appeared for the Claimant and Mr Aidan Reay appeared for the Defendant. I express my gratitude to both of them for the careful and efficient manner in which they dealt with the trial.

I heard from Mr Waqas Fehmi and Mr Stephen Zak on behalf of the Claimant. For the Defendant I heard from Wirginia Leszczyńska, Mr Tomasz Brodzki, vice-president of the Management Board of the Defendant, Mr Tomasz Rogalski, a lawyer at Norton Rose Fulbright who acted for Macquarie and Mr Dominik Leszczyński, the brother of Wirginia. I also heard the expert evidence of Dr Szlęzak and Prof. Osajda.

I did not hear from Katarzyna Dorosz-Wosiek or from Blazej Stodulkiewicz both of whom were key players in the relevant dealings. Katarzyna Dorosz-Wosiek was named in the Directions Questionnaire as a witness, but no statement was produced from her, and she was not called. The absence of their evidence is in my view important and telling.

I found Mr Fehmi, Mr Zak, and Mr Rogalski to be straightforward and honest witnesses whose main concern was to help me to understand the relevant facts. I found Dominik Leszczyński and Wirginia Leszczyńska to be far less straightforward.